1. General Provisions
1.4. The Provider's business through the Service is governed primarily by the Law on Electronic Commerce, the Law on Obligations, the Law on Copyright and Related Rights, the Law on Trademarks, the Law on Protection of Personal Data, as well as other regulations of the legal system of the Republic of Serbia in parts not regulated by the said laws .
1.5. The provider is dedicated to the preservation and enforcement of personal rights, privacy, data protection, as well as copyright, in accordance with the rules of the information profession, good business practices and in accordance with the applicable regulations of the Republic of Serbia.
1.7. The Provider has the right, but not the obligation, to remove any Content at any time from the Service, without obligation of any prior or subsequent notice or reasoning, if in its sole discretion it deems that a breach of contractual obligations has occurred.
2. Description of the service
2.1. The service is intended for providing services of professional storage of Internet sites (hereinafter: hosting), domain registration and management services in the field of information technologies.
2.2. The information society services provided by the Provider are:
- Shared Web Hosting
- VPS Hosting on Solid State Drive Servers (SSDs)
- Dedicated hosting / dedicated server hosting
- Internet domain registration
- Design, implementation, maintenance and integration of various IT solutions
2.3. Content uploaded by users through the Service, regardless of the form and format of the content (text, graphics, photos, audio, video, etc.) must be accurate and correct. The accuracy and correctness of the data entered is the sole responsibility of the user who entered the data.
2.5. The user selects the password independently upon registration and is solely responsible for the secrecy of the password and the use of the Service through access data. The user will not use someone else's access data or give their access information to a third party. The User may notify the Provider if he suspects unauthorized use of his access data. In the event that the User gives his access information to a third party, the User bears responsibility for the actions that the third party has done. Customer Support, Customer agrees to change such password immediately after Customer Support is provided.
2.6. The Provider shall, at each individual occasion, provide full support for the protection of the rights, privacy, property rights and intellectual property rights of all the holders of such rights, or of those whose rights have been violated, by:
upon reasoned request, supported by appropriate documentation, remove the content so that it is not publicly available, and retain the contents for evidence,
to the competent authority, upon request, provide information on the user whose entry violates any of the above or other rights,
all in accordance with the regulations of the Republic of Serbia.
When providing information society services, the Provider is not obliged to review the data it has stored, transferred or made available, or to examine the circumstances that would indicate the unauthorized activity of the User.
The provider is obliged by law to notify the competent state authority if it reasonably suspects that:
1) by using the service the User undertakes illicit activities;
2) the User provided inadmissible data.
This Notice of Invalid Action or Data must contain information about the sender of the notification, a precise description of the site on the website, or other electronic display on which the impermissible information appears, as well as the explanation of the inadmissibility.
The provider is obliged, on the basis of the appropriate court or administrative act, to submit all data on the basis of which the detection or prosecution of the perpetrators of criminal offenses, ie the protection of the rights of third parties, can be undertaken.
2.7. The provider transmits e-mails sent to it by users of information society services, but in no way: does not initiate their transmission, does not select the data or documents that are transmitted, does not exclude or change the data in the content of messages or documents, nor does it select the recipient transfer.
2.8. The Provider reserves the right to modify, terminate (either temporarily or permanently) any element of the Service, the services it provides, as well as the content or listing, regardless of who the author is and without prior approval or notice, in accordance with good business practices.
2.9. All timelines and deadlines displayed through the Service, as well as time zone and working days are calculated according to the current regulations of the Republic of Serbia.
2.10. The user pays the price of the service before the information society service is provided.
3.1. Users of the services provided by the Service through the Service Provider are considered both visitors and registered users.
3.4. The registration of the user, as well as all content that the registered user places on the Service, is not moderated, modified or in any way affected by the Provider, and the registered user has sole responsibility and bears all legal consequences that may arise from its content on the Service .
3.5. The registered user retains all copyright and related rights in the content he authored.
The registered user guarantees that he owns or owns all necessary copyrights on all content, as well as all its individual parts, which he places on the Service. Any registered infringement of copyright or related rights, as well as other intellectual property rights, is the sole responsibility of the registered user who uploaded the content.
Registered users can post different content at the same time. Placing content on the Service does not in any way restrict the registered user from posting or publicly announcing the content elsewhere. The registered user may, without any reason or notice, delete or modify the content he has posted at any time. The provider will delete or modify such content at an instant, except for content contained in system-generated backups that cannot be affected by the content.
By placing the content on the Service, the registered user unconditionally and irrevocably authorizes the Provider to transmit the content to an indefinite number of persons, as well as to remove the content without prior or subsequent notification or explanation.
3.6. With every single sign-up to the Service, the registered user gets access to their account on the Service and the ability to post content. The registered user can adjust according to the available Service options.
3.7. The registered user may, without any explanation or notice, terminate his status of registered user at any time by submitting a request for deletion of his user account. Termination of the status of registered user terminates all obligations of the Provider to the User, ie the Provider ceases to provide any service to that person.
4.1. The fee for using the Service paid by the User according to the Provider's Price List for the period of time for which he wants to be registered with the Service as a registered user, not later than the day indicated as the payment deadline. If the User fails to pay the agreed compensation within the deadline, the Provider will not provide that User with the opportunity to use the Service until the moment of settlement of the obligation.
4.2. The Provider has the right to cease providing the Service to those Users who, in their sole discretion, judge that they do not meet the standards to which the Provider is committed, and in particular to those who default on their contractual obligations, or fail to pay them, or there is a discretion of the Provider that they will not to be able to reconcile them.
5.2. When paying by payment to the Provider, the User pays the calculated amount to the Provider according to the pre / invoice or pro / invoice provided by the Provider.
When paying using Visa, MasterCard and Maestro payment cards, the User pays the calculated amount, while the transaction costs (bank fee) are borne by the Provider. Payment card security is guaranteed by the payment card processor. At no time is the payment card information available to the Service or the Provider. In the event of a refund to a user who previously paid for one of the payment cards, in part or in full, and regardless of the reason for the refund, the Provider is obliged to make a refund exclusively through VISA, EC / MC and Maestro payment methods, which means that the bank, at the request of the Provider, make a refund to the card user account.
When making payments using Visa, MasterCard and Maestro payment cards, all payments are made in RSD (RSD). If paid in EUR (EUR), the system will automatically convert the amount in RSD (RSD) at the exchange rate of the National Bank of Serbia.
If paid by payment cards of foreign Issuing Banks, the dinar transaction amount will be converted into the so-called settlement currency of the commercial Bank with which the Provider has a contract (EUR) according to the exchange rate of the National Bank of Serbia. When debiting a payer's payment card, the amount already converted will be converted into the local currency of the payer according to the rate applied by the payment card operators. The above prices may vary due to these conversions, except when payments are made in dinars (RSD) through a payment card issued in the Republic of Serbia.
5.3. The Provider reserves the right to change the Price List, with timely notification via the Internet, and respect of good business practices.
On behalf of Cloudteh IT Solutions we pledge to protect the privacy of all our customers. We only collect necessary, basic customer / customer information and data necessary for business and customer information in accordance with good business practices and in order to provide quality service. We give customers the choice, including the ability to decide whether or not to delete them from the mailing lists used for marketing campaigns. All customer / customer information is strictly kept and is only available to employees who need it to do the job. All employees of Cloudteh IT Solutions (and business partners) are responsible for compliance with the privacy principles.
6.2. The provider processes the necessary data of those persons who have consented to the processing, for a clearly defined purpose, in a legally permitted manner, so that the data subject is not determined or determinable even after the purpose of the processing has been achieved, in proportion to the purpose of processing.
6.3. The data processed must be true and complete, and must be based on a credible source, that is, a non-obsolete source.
6.4. Prior to collecting the data, the Provider, as Data Manager, shall notify the data subject of the following:
1. That the Personality Data Manager, ie the person responsible for collecting data, is the Provider.
2. That the purpose of data collection and processing is to enable the provision of information society services, security of users of the Service, as well as to enable the setting up of hosted content, ie Internet domains that are registered in accordance with the law or regulations governing the registration of Internet domains.
3. That the collected data be used in a way that enables the identification of the participants of the e-commerce users of the services, in accordance with good business practices, professional secrecy and the law.
4. That the persons who use the data are those who are employed by the Provider, who are authorized to use the data, and the persons with whom the user enters into an obligatory relationship to the extent necessary for the realization of that relationship, as well as all state bodies which laws and / or court decisions exercise the right to use the information.
5. That the giving of personal data is voluntary, and that no one who wants to be a registered user of the Service is obliged to leave any data, but that the data is obligatory in the sense of the Law on Obligations and the Law on Electronic Commerce, or regulations which regulate the registration of Internet domains, for the exercise of rights under the said laws and regulations.
6. That the person who has consented to the collection and processing of the data can withdraw his / her consent at any time and without justification, which, as a legal consequence, terminates the possibility of using the Service, the maturity of any eventual arrears arising during the use of the Service, and that this ceases any further collection of data by the consenting person.
7. That in the case of unauthorized processing persons have the rights to protection of personal data, as well as other rights that are legally theirs.
6.5. The data collected for the purposes indicated above are:
- last name,
- mobile phone number,
- email address,
- The IP address of each individual access to the Service, (including cookies).
6.6. Provider may, in accordance with the law, collect certain information about visits received while using the Service. The Provider may use this information to provide information to improve its Information Society Service and Service, and further direct and tailor it to visitors and Users.
The Provider may, in accordance with the law, in the case of a risky transaction, as estimated by the Provider, collect information about the payment card of the user relating to the contents of the front and back of the payment card from the visible last 4 numbers of the card.
The Provider does not collect User's payment card information, except in the case from the previous paragraph. When entering payment card information, confidential information is transmitted over a public network in a secure (encrypted) form using the PCI DSS 3.1 standard, as currently state-of-the-art cryptographic technology. Data security at purchase is guaranteed by a payment card processor whose Level 1 is a payment service provider, so the complete payment process is performed on the provider's pages. At no time is the payment card information available to the Provider or third parties.
6.7. All general acts of the Provider must comply with this Rule on the protection of personal data.
If any general act of the Provider does not comply with this Rule regarding the protection of personal data, the provisions of this Rule shall apply.
7.1. The User agrees that the Provider may periodically send him notices regarding the content of the Service, as well as notices concerning the Service, the Provider, as well as advertising notices.
7.1. As the Provider provides information society service, it is not possible to make a claim on the performed service.
The information society service provided by the Provider is fully performed because the provision of the service began after the express prior consent of the User to use the service, and by accepting these Terms, the User confirms that he knows that he loses the right to cancel the contract in the case when the Provider fully fulfills his contractual obligations.
9.1. The Provider has the exclusive copyright and intellectual property rights in his Service, as well as in all the individual elements that make it, such as: text, visual and audio elements, visual identity, data and databases, program code and other elements of the service, of which is the author, ie the copyright holder.
9.2. Unauthorized use of any part of the Service, or the Service as a whole, without the express prior written permission of the Provider as the holder of the exclusive copyright, will be considered a violation of the copyright of the Provider and is subject to legal action.
9.3. The Service may also contain elements on which other persons have exclusive copyright, trademark and other intellectual property rights, such as the contents of the Service User, aggregated publicly available content, content of business partners, advertisers and the like. Other persons have sole responsibility for the content on which they hold the rights, regardless of the fact that such content is on the Service Provider.
9.5. Each person bears sole responsibility for the content that his or her copyrighted work, that is, for the content which he / she independently made and through the Service made publicly available.
10.1. Registered users are required to comply with the Guidelines stated here when creating content.
10.2. The Provider has the right, but not the obligation, to remove or not publish content posted by any registered user on the Service without justification.
10.3. The User is responsible for the content posted, and especially if the content, at the discretion of the Provider, includes (but is not limited to):
- openly offensive content, or content that promotes racism, intolerance, hatred, or physical harm of any kind, directed at any group, or individual,
- harasses or promotes the harassment of another person,
- exploits people in a sexual or violent manner,
- contains offensive content, or links to such content,
- solicit personal information from persons under the age of 18,
- publicly disclose information that poses or creates a risk to the privacy or security of any person,
- contains or promotes information that the user knows to be inaccurate, or that leads to a false conclusion, or promotes illegal activities, or whose content is offensive, intimidating, threatening, obscene, or defamatory,
- contains, or promotes, any unauthorized or unauthorized copy of another person's protected work, warez, or other malicious code or a link to such content,
- includes the transmission of spam, letters, or mass mail, instant messages, or "spam",
- contains restricted pages, or pages that can only be accessed using a password, or hidden pages, or images (those not linked to other pages),
- Encourages or promotes criminal activity or business, or provides instructions for engaging in illicit activities, including but not limited to the manufacture or purchase of illegal weapons, the violation of one's privacy, or the finding or creation of computer viruses,
- asks for passwords, or information that personally identifies you for commercial or unauthorized purposes from other users,
- includes unregistered commercial activities requiring registration with a public authority, or
- violates privacy rights, publicity rights, defamation rights, copyright, trademark rights, contract rights, or other personal rights.
10.4. The following are examples, without limitation of any kind, activity that is prohibited or prohibited on the Service:
- criminal or tortious activities, including child pornography or other illegal pornographic content, fraud, distribution of illegal pornographic content, distribution or use of drugs, gambling, harassment, spam, pyramid schemes, ponzi schemes, sending viruses or other harmful file, copyright infringement, patent infringement or trade secret theft,
- advertising to users or offering to buy or sell any products or services through unauthorized or unauthorized uses of the Service,
- bypassing, or altering, attempting to circumvent, or altering, or encouraging, or assisting others to circumvent, or alter any of the security technologies or software that are part of the Service,
- forging TCP / IP packet headers, or any part of the header information in any publication, or otherwise using the Service to send altered, fraudulent, or incorrect information identifying the source,
- activities involving the use of viruses, bots, worms, or other computer codes, files, or programs that interrupt, destroy, or restrict the operation of computer software or hardware, or otherwise permit unauthorized use, or access to a computer or computer network ,
- interfering with access to the Service by any user, host, or network,
- overlay, or obscure advertising through banner or other graphic elements on the user's profile page, or any Service page via HTML / CSS, or otherwise,
- including HTML, CSS, or other encoding on the user's profile page, including but not limited to all hidden or otherwise secretly contained codes in submitted content that is not related to the nature of the content submitted,
- any automatic use of the system, such as, but not limited to, the use of scripts to send images, videos, interfere with, interrupt, or create unnecessary load on the Service, or online, or services related to the Service,
- imitating or attempting to imitate a legal or natural person,
- use of another user's access data or username at any time, or pass on a password to third parties, or allow third parties to access a user account other than theirs,
- sale, or otherwise transfer of the user profile,
- using information obtained from the Service to harass, abuse, or injure any person, and attempt to do so,
- an unauthorized commercial advertisement on a user profile, or acceptance of a payment, or anything of value to third parties in exchange for conducting commercial activities through the unauthorized or unauthorized use of the Service on behalf of that person, or
- deletion or other modification of copyright, trademark, or other proprietary notices appearing on the User Content, unless such content is posted by the User,
- use of meta tags or other hidden text or metadata by the Provider's name, trademark, URLs, or product name without the prior express permission of the Provider,
- attempt to examine, scan, or test the vulnerability of any part of the Service, or breach any security measures, or identity checks,
- collecting or storing personal information about other users without their express permission
- imitating or impersonating an affiliation with a person through a pre-sent text or other form of social engineering, or other forms of fraud,
- use of the Services in a manner inconsistent with any applicable laws and regulations, or breaches of the Service, or network security.
For the sake of good understanding of the term, the term Spam, in accordance with the provisions of these Terms, means misuse of a hosting account for the purpose of sending unsolicited mass messages without any criteria or with broad criteria. This is a very sensitive issue for all hosting providers and the internet as a whole. Spam can be intentional and unintentional. Intentional Spam includes commercial spam and forum / community spam. Deliberate spam is punished, after a third warning to the User, by automatically blocking all services on which it is executed. Unintentional Spam includes spam for which the Shared web hosting account user is not notified. Spam scripts are usually inserted by third parties programmed to send thousands of emails in no time, without any criteria causing damage to the server from which it is sent (blacklist danger, email server crash, load) and the servers it is sent to. Hosting accounts are usually suspended after the problem is detected by the Provider until they find the problematic scripts that carry out mass emailing. In this case, immediately after the problem is resolved, the hosting account is active again. Unintentional spam on the VPS server is considered deliberate and results in the server being suspended. If it turns out that the User has intentionally rented a VPS or Dedicated server for the purpose of spamming, the Provider reserves the right to cancel the service without reclamation, in accordance with these Terms. In this case, immediately after the problem is resolved, the hosting account is active again. Unintentional spam on the VPS server is considered deliberate and results in the server being suspended. If it turns out that the User has intentionally rented a VPS or Dedicated server for the purpose of spamming, the Provider reserves the right to cancel the service without reclamation, in accordance with these Terms. In this case, immediately after the problem is resolved, the hosting account is active again. Unintentional spam on the VPS server is considered deliberate and results in the server being suspended. If it turns out that the User has intentionally rented a VPS or Dedicated server for the purpose of spamming, the Provider reserves the right to cancel the service without reclamation, in accordance with these Terms.
10.5. The Provider has the right, but not the obligation, to monitor all user activities, and user content associated with the Service. The Provider may investigate any reported violations of its Guidelines and other notices, and may take any legal or technical action it deems appropriate. The Provider will investigate the circumstances that may include these violations and may invite cooperation and cooperate with the competent state authorities during the identification, investigation or prosecution of the persons involved in such violation of the Guidelines, or violation of the law.
Provider reserves the discretion to use all legal remedies, including but not limited to the removal of user account and user content, and to immediately suspend all Provider services used by the user in the event of any breach of these Terms, or in the event that the Provider does not may verify, or verify any information provided by the User to the Provider.
11. Limitation of liability and guarantee of availability
11.1. Users Service use exclusively on their own responsibility. The User explicitly accepts that the Provider cannot be responsible for the behavior of other users or third parties, and that the risk of possible damage is entirely borne by those persons, in accordance with the applicable legislation of the Republic of Serbia.
11.2. The Provider transmits the data entered by the User through a communication network, and the Provider is not responsible for automatic, intermediary and temporary storage that serves only to more efficiently form the transfer of data requested by other users of the services because: it does not change the data; respects the conditions for access to the data; comply with the rules for updating data; acts in accordance with the permitted application of data collection technologies; removes or denies access to the data it has stored immediately upon learning that the data has been removed from the transmission through the network or has been disabled, as well as when the court or other competent authority has ordered their removal or denial of access.
The Provider stores the data provided by the User, at the request of the User, and the Provider is not responsible for the contents of the stored data because: it does not know or can know about the illegal actions of the User or the content of the data; immediately after learning that it is an act or data that is tampering with, removes or disables access to that data.
The provider may, through electronic referral, provide access to the data of another provider (Link), but is not responsible for this information because: it does not know or can know about the unauthorized operation of the User or the content of the data in that information; immediately after learning that it is an act of tampering or data removes or disables access to the data.
11.3. The provider does not guarantee the accuracy, reliability or the content itself posted by the user. The provider does not initiate the transmission of the e-mail transmitted by the service user, does not select the data or documents to be transmitted, does not exclude or modify the data in the content of the message or document and does not select the recipient of the transmission.
11.5. Except in the case of intent or gross negligence, the Provider is not responsible for the possible temporary unavailability of the Service, or for the partial or complete malfunctioning or malfunctioning of the Service. The provider is not responsible for technical problems that may cause delays and / or incorrect processing of electronic data, including the system clock. The foregoing is the responsibility of the Internet service providers used by the Provider.
11.6. Service may be temporarily unavailable or limited in scope, as a result of regular or extraordinary maintenance of the system, or in the event of system upgrades.
11.7. The provider guarantees the time availability of the Service (Uptime) of 99.90% of time on a monthly basis. This means that Services may be unavailable for a maximum of 44 minutes per month. The stated warranty does not include the time of regular maintenance of the Service (eg security maintenance of the server, announced works on communication equipment, etc.), as well as the time of possible hacking and orchestrated distributed (DDoS) attacks, as well as the time it takes resolves any problems on the server links, datacenter, or the duration of the force majure impact. If the unavailability time is more than 44 minutes on a monthly basis, the User has the right to make a complaint for the service within 7 days from the day of re-establishment of the service.
All of the Provider's servers are monitored by certain independent Uptime services, which allows the Provider to have accurate insight into Uptime that serves as evidence of global visibility and the Uptime server, and can supply this information to the User upon request.
For the sake of good understanding, the Provider does not guarantee the consistency of data related to Shared Web hosting, VPS Hosting and Dedicated hosting, nor is it responsible for any data loss due to hardware or security failures, nor is it responsible for those data stored on remote Backup servers. The User is solely responsible for the aforementioned, on the basis of these Terms and Conditions, he has assumed the obligation to comply with all the Provider's procedures, but also the duty to take care of his own data (user content) independently, regardless of the existence of those procedures. Also, the Provider does not guarantee that compliance with the procedures will, in itself, prevent the loss of data, but it is the sole obligation of the User to adequately take care of his data (user content).
12. Jurisdiction and Dispute Resolution
12.2. All disputes that may arise between the Provider and the User in connection with the use of the Service shall be subject to the applicable regulations of the Republic of Serbia. The Provider and the User undertake to try to settle the dispute amicably, and if they fail to do so, the Commercial Court in Belgrade for legal entities, or the Third Basic Court in Belgrade for natural persons, fails to do so.